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Democracy, rule of law and human rights protection under gradually developed constitutionalism —by the clue of administrative law
WANG Zhuojun
Front. Law China. 2007, 2 (3): 335-352.
https://doi.org/10.1007/s11463-007-0016-y
With the shifting of the economic pattern and the developing of administrative law, the modern constitutionalism of China has adopted a progressive development process. Over 20 years, the development of democracy, the rule of law and the human rights protection clearly illustrate this point. For the gradually developing constitutionalism, the theory of limited rational is a theoretical basis, the stability of society is a social basis, the changing economic system is a economic basis, and Confucianism is a cultural basis. Constitutionalism of China should continue to go in such an active, steady and gradual way.
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Understanding the cases of dilemma of administrative enforcement in China
WANG Xixin
Front. Law China. 2007, 2 (3): 464-491.
https://doi.org/10.1007/s11463-007-0022-0
Due to lack of effective, and adequate communication on the standpoint of the government and the attitudes of civil society in legislative process, this has led to tension between the government and the general public. Within the context of law enforcement, the government sticks to problem-based strategies and campaign-based enforcement , who believe in the power of coercive force. As a way out of the dilemma in law enforcement, it is required that in the process of rule-making, the government should communicate effectively with the civil society in the institutionalized system, focusing on learning, reflection, and strategic adjustment.
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